Lenetska v. Goldstein

This is a motion to dismiss the complaint for lack of jurisdiction pursuant to rule 107 of the Buies of Civil Practice. The motion is opposed on the ground that the defendant has waived any right to question the service of the summons by virtue of the fact that he previously moved for an order for the bringing in of additional defendants. That motion was denied without prejudice. Examination of the. filed papers reveals that the motion was one to compel plaintiffs to bring in other defendants.

In Farmer v. National Life Association, (138 N. Y. 265) it was held that a defendant, by initiating a…